FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES STEVENSON, JACKSON, SMITH (14), DIXON, WILSON (130),
MOORE, BOUGH, EMERY, BAKER, WALLACE (Co-sponsors), WILSON (119) AND MYERS.
Read 1st time January 15, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 565.081, 565.082, and 565.083, RSMo, and to enact in lieu thereof three new sections relating to assault crimes, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 565.081, 565.082, and 565.083, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 565.081, 565.082, and 565.083, to read as follows:
565.081. 1. A person commits the crime of assault of a law enforcement officer or firefighter in the first degree if [he] such person attempts to kill or knowingly causes or attempts to cause serious physical injury to a law enforcement officer or firefighter.
2. Assault of a law enforcement officer or firefighter in the first degree is a class A felony.
565.082. 1. A person commits the crime of assault of a law enforcement officer or firefighter in the second degree if [he] such person:
(1) [Attempts to cause or] Knowingly causes or attempts to cause physical injury to a law enforcement officer or firefighter, knowing that such individual is a law enforcement officer or firefighter, by means of a deadly weapon or dangerous instrument:
(a) While attempting to prevent a law enforcement officer or firefighter from performing his or her official duties while such law enforcement officer or firefighter is engaged in the execution of his or her official duties; or
(b) In retaliation upon such law enforcement officer or firefighter for performing his or her official duties;
(2) Knowingly causes or attempts to cause physical injury to a law enforcement officer or firefighter while brandishing a deadly weapon, dangerous instrument, or any device manufactured, designed, or fashioned in such a manner as to be substantially similar in appearance to a firearm:
(a) While attempting to prevent a law enforcement officer or firefighter from performing his or her official duties while such law enforcement officer or firefighter is engaged in the execution of his or her official duties; or
(b) In retaliation upon such law enforcement officer or firefighter for performing his or her official duties;
(3) Knowingly causes or attempts to cause physical injury to a law enforcement officer or firefighter while the offender is hooded, robed, or masked in such a manner as to conceal his or her identity:
(a) While attempting to prevent a law enforcement officer or firefighter from performing his or her official duties while such law enforcement officer or firefighter is engaged in the execution of his or her official duties; or
(b) In retaliation upon such law enforcement officer or firefighter for performing his or her official duties;
[(2)] (4) Recklessly causes serious physical injury to a law enforcement officer[;] or firefighter:
(a) While attempting to prevent a law enforcement officer or firefighter from performing his or her official duties while such law enforcement officer or firefighter is engaged in the execution of his or her official duties; or
(b) In retaliation upon such law enforcement officer or firefighter for performing his or her official duties;
(5) Recklessly engages in conduct which creates a substantial risk of death or serious physical injury to a law enforcement officer or firefighter:
(a) While attempting to prevent a law enforcement officer or firefighter from performing his or her official duties while such law enforcement officer or firefighter is engaged in the execution of his or her official duties; or
(b) In retaliation upon such law enforcement officer or firefighter for performing his or her official duties;
[(3)] (6) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and when so operating, acts with criminal negligence to cause physical injury to a law enforcement officer or firefighter;
(7) Acts with criminal negligence to cause physical injury to a law enforcement officer or firefighter by means of a deadly weapon:
(a) While attempting to prevent a law enforcement officer or firefighter from performing his or her official duties while such law enforcement officer or firefighter is engaged in the execution of his or her official duties; or
(b) In retaliation upon such law enforcement officer or firefighter for performing his or her official duties;
(8) Knowingly places a law enforcement officer or firefighter in apprehension of immediate serious physical injury, knowing that such individual is a law enforcement officer or firefighter:
(a) While attempting to prevent a law enforcement officer or firefighter from performing his or her official duties while such law enforcement officer or firefighter is engaged in the execution of his or her official duties; or
(b) In retaliation upon such law enforcement officer or firefighter for performing his or her official duties.
2. Assault of a law enforcement officer or firefighter in the second degree is a class [B] C felony unless committed pursuant to subdivision (1), (4), or (6) of subsection 1 of this section in which case it is a class B felony.
565.083. 1. A person commits the crime of assault of a law enforcement officer or firefighter in the third degree if:
(1) He attempts to cause or recklessly causes physical injury to a law enforcement officer or firefighter;
(2) [With criminal negligence he causes physical injury to a law enforcement officer by means of a deadly weapon;
(3)] He purposely places a law enforcement officer or firefighter in apprehension of immediate physical injury;
[(4) He recklessly engages in conduct which creates a grave risk of death or serious physical injury to a law enforcement officer; or
(5)] (3) He knowingly causes or attempts to cause physical contact with a law enforcement officer or firefighter without the consent of the law enforcement officer or firefighter.
2. Assault of a law enforcement officer or firefighter in the third degree is a class A misdemeanor.